093_SB0256eng

 
SB256 Engrossed                      LRB093 02142 RLC 02149 b

 1        AN ACT in relation to criminal law.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Criminal  Code  of  1961  is  amended  by
 5    changing Section 14-3 as follows:

 6        (720 ILCS 5/14-3) (from Ch. 38, par. 14-3)
 7        Sec.  14-3.   Exemptions.  The following activities shall
 8    be exempt from the provisions of this Article:
 9        (a)  Listening  to   radio,   wireless   and   television
10    communications of any sort where the same are publicly made;
11        (b)  Hearing  conversation when heard by employees of any
12    common carrier by wire incidental to  the  normal  course  of
13    their  employment  in the operation, maintenance or repair of
14    the equipment of such common carrier by wire so  long  as  no
15    information  obtained  thereby  is  used  or  divulged by the
16    hearer;
17        (c)  Any broadcast  by  radio,  television  or  otherwise
18    whether  it  be  a  broadcast  or recorded for the purpose of
19    later broadcasts of any  function  where  the  public  is  in
20    attendance  and the conversations are overheard incidental to
21    the main purpose for which such  broadcasts  are  then  being
22    made;
23        (d)  Recording or listening with the aid of any device to
24    any  emergency  communication  made  in  the normal course of
25    operations by any federal, state  or  local  law  enforcement
26    agency   or   institutions  dealing  in  emergency  services,
27    including, but not limited to, hospitals, clinics,  ambulance
28    services,   fire   fighting  agencies,  any  public  utility,
29    emergency repair facility, civilian defense establishment  or
30    military installation;
31        (e)  Recording the proceedings of any meeting required to
 
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 1    be open by the Open Meetings Act, as amended;
 2        (f)  Recording or listening with the aid of any device to
 3    incoming  telephone  calls  of phone lines publicly listed or
 4    advertised  as  consumer  "hotlines"  by   manufacturers   or
 5    retailers of food and drug products.  Such recordings must be
 6    destroyed,  erased  or  turned  over to local law enforcement
 7    authorities within 24 hours from the time of  such  recording
 8    and shall not be otherwise disseminated.  Failure on the part
 9    of the individual or business operating any such recording or
10    listening  device  to  comply  with  the requirements of this
11    subsection shall eliminate any  civil  or  criminal  immunity
12    conferred  upon  that individual or business by the operation
13    of this Section;
14        (g)  With prior notification to the State's  Attorney  of
15    the  county  in  which it is to occur, recording or listening
16    with the aid of any device to any conversation  where  a  law
17    enforcement officer, or any person acting at the direction of
18    law  enforcement,  is  a  party  to  the conversation and has
19    consented  to  it  being  intercepted   or   recorded   under
20    circumstances  where  the  use of the device is necessary for
21    the protection of the law enforcement officer or  any  person
22    acting  at the direction of law enforcement, in the course of
23    an investigation of a forcible felony, a felony violation  of
24    the Illinois Controlled Substances Act, a felony violation of
25    the  Cannabis  Control  Act,  or  any "streetgang related" or
26    "gang-related" felony as  those  terms  are  defined  in  the
27    Illinois  Streetgang  Terrorism  Omnibus Prevention Act.  Any
28    recording or evidence derived as the result of this exemption
29    shall be inadmissible in any proceeding, criminal,  civil  or
30    administrative,  except (i) where a party to the conversation
31    suffers  great  bodily  injury  or  is  killed  during   such
32    conversation,  or  (ii)  when used as direct impeachment of a
33    witness concerning matters contained in the  interception  or
34    recording.   The  Director  of the Department of State Police
 
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 1    shall issue regulations as are necessary concerning  the  use
 2    of   devices,  retention  of  tape  recordings,  and  reports
 3    regarding their use;
 4        (h)  Recordings  made   simultaneously   with   a   video
 5    recording  of  an  oral conversation between a peace officer,
 6    who has identified his or her office, and  a  person  stopped
 7    for an investigation of an offense under the Illinois Vehicle
 8    Code;
 9        (i)  Recording  of  a  conversation  made  by  or  at the
10    request of a person, not a law enforcement officer  or  agent
11    of  a  law  enforcement  officer,  who  is  a  party  to  the
12    conversation,  under  reasonable suspicion that another party
13    to the conversation is committing, is about to commit, or has
14    committed a criminal offense against the person or  a  member
15    of  his  or  her  immediate household, and there is reason to
16    believe that evidence of the criminal offense may be obtained
17    by the recording; and
18        (j)  The use of a telephone monitoring device  by  either
19    (1)  a  corporation  or  other  business  entity  engaged  in
20    marketing  or  opinion research or (2) a corporation or other
21    business entity engaged in telephone solicitation, as defined
22    in this subsection, to record or  listen  to  oral  telephone
23    solicitation  conversations  or marketing or opinion research
24    conversations by an employee  of  the  corporation  or  other
25    business entity when:
26             (i)  the  monitoring  is  used  for  the  purpose of
27        service quality control of marketing or opinion  research
28        or  telephone  solicitation, the education or training of
29        employees or contractors engaged in marketing or  opinion
30        research  or telephone solicitation, or internal research
31        related to marketing or  opinion  research  or  telephone
32        solicitation; and
33             (ii)  the  monitoring is used with the consent of at
34        least one person who is an active party to the  marketing
 
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 1        or    opinion    research   conversation   or   telephone
 2        solicitation conversation being monitored.
 3        No communication or conversation or any part, portion, or
 4    aspect of the communication or conversation  made,  acquired,
 5    or  obtained,  directly  or  indirectly, under this exemption
 6    (j), may be, directly or indirectly,  furnished  to  any  law
 7    enforcement  officer,  agency, or official for any purpose or
 8    used in any inquiry or investigation, or  used,  directly  or
 9    indirectly,   in   any  administrative,  judicial,  or  other
10    proceeding, or divulged to any third party.
11        When recording or listening authorized by this subsection
12    (j) on telephone lines used for marketing or opinion research
13    or telephone solicitation purposes results  in  recording  or
14    listening to a conversation that does not relate to marketing
15    or  opinion  research  or  telephone solicitation; the person
16    recording or listening shall,  immediately  upon  determining
17    that the conversation does not relate to marketing or opinion
18    research  or  telephone solicitation, terminate the recording
19    or listening and destroy any such recording  as  soon  as  is
20    practicable.
21        Business  entities  that  use  a  telephone monitoring or
22    telephone recording system pursuant  to  this  exemption  (j)
23    shall  provide  current and prospective employees with notice
24    that the monitoring or recordings may occur during the course
25    of their employment.   The  notice  shall  include  prominent
26    signage notification within the workplace.
27        Business  entities  that  use  a  telephone monitoring or
28    telephone recording system pursuant  to  this  exemption  (j)
29    shall  provide  their  employees  or  agents  with  access to
30    personal-only telephone lines which may  be  pay  telephones,
31    that  are  not  subject  to telephone monitoring or telephone
32    recording.
33        For the  purposes  of  this  subsection  (j),  "telephone
34    solicitation"  means  a  communication  through  the use of a
 
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 1    telephone by live operators:
 2             (i)  soliciting the sale of goods or services;
 3             (ii)  receiving orders for  the  sale  of  goods  or
 4        services;
 5             (iii)  assisting in the use of goods or services; or
 6             (iv)  engaging  in the solicitation, administration,
 7        or collection of bank or retail credit accounts.
 8        For the purposes of this subsection  (j),  "marketing  or
 9    opinion  research"  means  a  marketing  or  opinion research
10    interview conducted by a live telephone  interviewer  engaged
11    by  a  corporation  or  other business entity whose principal
12    business is the design, conduct, and analysis  of  polls  and
13    surveys  measuring  the opinions, attitudes, and responses of
14    respondents  toward  products  and  services,  or  social  or
15    political issues, or both.
16        (k)  Recordings made simultaneously with a security video
17    recording by fixed, publicly visible cameras in vehicles used
18    by authorized public transportation  systems  in  the  normal
19    course  of  public transportation and vehicles used by public
20    schools to transport students for  any  purpose.   The  audio
21    recordings  must  be  confined  to  the passenger boarding or
22    driver areas of  the  vehicle,  or  both.  Every  vehicle  so
23    equipped  must  have  a  sign  posted  in  clear  view of the
24    boarding passengers indicating that both audio and video  are
25    being recorded.
26    (Source: P.A. 91-357, eff. 7-29-99.)